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High Court, in claims damages for defamation for social media publications which constituted an alleged "campaign of defamation” by the defendant, refuses an application to compel the defendant to remove social media posts containing personal attacks on the legal team for the plaintiff, on the ground that: (a) the publications won't have swayed public opinion in relation to the pending trial; (b) the jury could consider damages as an appropriate remedy; and (c) the posts will not infringe upon the judge's inherent jurisdiction to hear the case.
High Court - Defamation Act, 2009 - section 33 - Rules of the Superior Courts - Order 50, rule 12 - Constitution of Ireland - Article 34.6.1 - Code of Conduct of the Bar of Ireland - Rule 5 - Solicitors Guide to Professional Conduct - interlocutory reliefs - retrial - 11th July, 2019 and 12th July, 2019 - social media publications - 12th October, 2020 - Humphreys J. - application for substituted service set aside - 2nd February, 2021 - statement of claim delivered - 1st March, 2021 - defence lodged - argued truth as defence - Tuesday 21st November, 2023 to Monday 27th November, 2023 - trial took place - 28th November, 2023 - jury couldn't reach majority verdict - 14th December, 2023 - court informed matter would be postponed to April 2024 jury sessions - 20th December, 2023 - court informed of reliefs being sought in notice of motion - removal of social media posts - argued potential jury contamination - 15th December, 2023 - affidavit sworn - 23rd January, 2024 - application came on for hearing - Order 7, rule 3 RSC - solicitors no longer on record - affidavit and publication read into court - determination - not allowed to suggest lies from plaintiff or share any images of them - 25th January, 2024 - plaintiff affidavit sworn - 29th January, 2024 - no appearance from defendant - plaintiff affidavit read into court - threats to plaintiff's legal team outlined - Defamation Act, 2009 - section 33 - jury can decide if defamation has taken place - Order 50, rule 12 RSC - court has inherent jurisdiction - Constitution of Ireland - Article 34.6.1 - judge's duty in determining case - says won't be compromised - whether damages are adequate remedy - publications haven't swayed public opinion - jury could consider damages if needed - right to retain legal representation - defendant attempting to interfere with plaintiff's representation by intimidation - Code of Conduct of the Bar of Ireland - Rule 5 - Solicitors Guide to Professional Conduct - sharing of images inappropriate - 5th March, 2024 - amended statement of claim due - order allows defendant to express her views - 23rd January, 2024 order remains - application dismissed - costs reserved.
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